Page:United States Statutes at Large Volume 101 Part 2.djvu/1039

 PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-245

"(B) A State or Indian tribe shall enter into an agreement under this section in accordance with the laws of such State or tribe Nothing in this section may be construed to prohibit the disapproval of a proposed agreement between a State and the United States under this section by a referendum or an act of the legislature of such State. "(4) Notwithstanding any proposed agreement under this section, the Secretary may construct a repository or monitored retrievable storage facility at a site agreed to under this title only if authorized by the Nuclear Regulatory Commission in accordance with the Atomic Energy Act of 1954 (42 U.S.C. 2012 et seq.), title II of the Energy Reorganization Act of 1982 (42 U.S.C. 5841 et seq.) and any other law applicable to authorization of such construction. "ENVIRONMENTAL ASSESSMENT OF SITES

"SEC. 404. (a) IN GENERAL.—Upon the request of the Negotiator, 42 USC 10244. the Secretary shall prepare an environmental assessment of any site that is the subject of negotiations under section 403(a). "(b) CONTENTS.—(1) Each environmental assessment prepared for a repository site shall include a detailed statement of the probable impacts of characterizing such site and the construction and operation of a repository at such site. "(2) Each environmental assessment prepared for a monitored retrievable storage facility site shall include a detailed statement of the probable impacts of construction and operation of such a facility -i Q, at such site. "(c) JUDICIAL REVIEW.—The issuance of an environmental assessment under subsection (a) shall be considered to be a final agency action subject to judicial review in accordance with the provisions of chapter 7 of title 5, United States Code, and section 119. "(d) PuBuc HEARINGS.—(1) In preparing an environmental assessr f.i) ment for any repository or monitored retrievable storage facility site, the Secretary shall hold public hearings in the vicinity of such site to inform the residents of the area in which such site is located that such site is being considered and to receive their comments. "(2) At such hearings, the Secretary shall solicit and receive any recommendations of such residents with respect to issues that should be addressed in the environmental sissessment required under subsection (a) and the site characterization plan described in - ' ' section 113(b)(l). "(e) PuBuc AvAiLABiliTY.—Each environmental assessment prepared under subsection (a) shall be made available to the public. "(f) EVALUATION OF SITES.—(1) In preparing an environmental

assessment under subsection (a), the Secretary shall use available geophysical, geologic, geochemical and hydrologic, and other information and shall not conduct any preliminary borings or excavations at any site that is the subject of such assessment unless— "(A) such preliminary boring or excavation activities were in progress on or before the date of the enactment of the Nuclear Waste Policy Amendments Act of 1987; or "(B) the Secretary certifies that, in the absence of preliminary borings or excavations, adequate information will not be available to satisfy the requirements of this Act or any other law. "(2) No preliminary boring or excavation conducted under this section shall exceed a diameter of 40 inches.

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